Thursday

Aug 22, 2019 at 12:14 PMAug 23, 2019 at 1:42 PM

Aspiring business owner Shauna Altes is threatening a lawsuit after the council went against a staff recommendation and denied her request for a wedding venue, amid accusations of a conflict of interest.

The Volusia County Council pleasantly surprised a rural community but devastated an aspiring business owner when it went against a staff recommendation and denied a proposal for an Ormond Beach wedding venue.

The 5-2 vote came Tuesday after hundreds of residents of Rima Ridge used petitions, emails and a public showing of opposition at Tuesday's meeting to thwart the event center concept. Citing concerns over noise, traffic and drunken behavior, they argued that it isn't welcome in their rural neighborhood off State Road 40, six miles west of Interstate 95.

The action could lead to a lawsuit. The applicant, Shauna Altes of Ormond Beach, feels she was treated unfairly, and County Chair Ed Kelley believes she may have a case. He raised the possibility at the meeting that council members may have been influenced by one of the two businesses in the vicinity that already host events with music and alcohol — two things an outpouring of detractors said they didn't want in their backyard.

Kelley, who joined Fred Lowry in support of the wedding venue, said the woman deserves the opportunity to start her business since county attorneys and the land planning commission agreed that she met the criteria.

[Read: Volusia wedding venue gets nod from county staff]

"We had no reason to reject it," said Kelley, noting that nearly all proposed development is met with widespread opposition from residents — the DeLand Automall and the beachside Hard Rock Hotel are two examples that were approved over citizen opposition. A group of "not in my backyard" protesters shouldn't cloud the council's judgment when it comes to "free enterprise" for property owners, he added.

"Staff says you have to assume it’s permittable as long as it satisfies the requirements; it did, legal said it did," Kelley said. "I felt like approving it was the right thing to do."

But the council has the final determination, and after listening to testimonials from resident after resident — 33 spoke in matching lime green shirts during a three-hour hearing — the majority disagreed with Kelley and staff. Billie Wheeler expressed sympathy for Altes after casting her negative vote.

"I truly felt horrible for her, and I hope she doesn't give up her dream," she said. "But I felt strongly that (her plan) would have changed how that area looks. Sometimes the decisions we have to make are tough, but we are here to make those decisions and we don't always have to agree with staff positions."

It's a rare move though. Since the start of 2015, the council has rejected only three proposed development plans, according to records obtained by The News-Journal. You'd have to go back further than that date to find the last time the council voted down a special exception, like they did Tuesday.

'We live in peace'

The council was being asked to consider a special exception that would allow Altes to operate a rural event center on property zoned as agricultural located approximately 300 feet from the nearest residence to the east and 580 feet from the second-nearest residence. It would accommodate weddings and "other special events," according to county documents.

In order to qualify, her concept had to meet several criteria related to sound, traffic and could not "alter the character of the surrounding neighborhood or adversely affect the value of surrounding land, structures or buildings," according to county documents.

County staff recommended approval with an understanding that Altes would shut down the venue by 11 p.m., would put up buffers between the northern and southern property boundaries, and ensure that noise didn't drift onto adjoining properties.

It was clear from the start of Tuesday's meeting that the deck was stacked against Altes, who was joined only by an engineer she'd hired to help with her concept.

Councilman Ben Johnson said that while the proposed facility is "beautiful" and could be needed somewhere, he'd never seen so many residents speak out against an issue. In addition to the more than 50 who attended the meeting, more than 300 had signed a petition. Many of those sent emails, Johnson noted.

"This has been the biggest outpouring since I've been sitting on this council about what people want in their neighborhood," he said. "We have to look at that and try to do the right thing. We have to look at what the neighborhood needs and wants. And this is not compatible with the community."

Andrea Frank said she moved to Rima Ridge 43 years ago because she liked the quiet, rural setting. "It is still rural now, we live in peace," she told the council. "I have no problem with someone wanting to own a business and have a dream, but I don't think where this wedding barn wants to be is the place to be. It's right in the middle of our rural community.

Frank said that was the first council meeting she'd ever attended and was admittedly a little confused at times, especially when Councilwoman Heather Post, her representative, waffled behind the dais. Post originally made a motion to approve the wedding venue, saying how much she supported "women in business." But later, after other council members weighed in with a differing viewpoint, she asked to rescind her motion before joining the majority of the council in a vote against it.

In the end, Frank said she was pleasantly surprised with the outcome.

"I am just ecstatic," she said. "They listened to us."

Possible conflict?

Altes, a 20-year Volusia resident who's worked as a bridal florist in Daytona Beach for the past eight years, felt the county was missing an aesthetic commodity that many brides seek out for their wedding: a white barn. She was determined to start her own wedding business after hearing interest from customers.

She thought the 10-acre piece of property off State Road 40, flanked by two churches, was a perfect fit. Over the past four months, she's worked with an engineer to iron out the plan. She would have blackberry bushes, sunflowers. A gazebo next to a pond. She had planned to purchase the property once the council signed off on her application.

Tuesday, her dream was shattered.

"It's definitely disappointing. I felt like this would have been a tremendous asset to the community," she said after the meeting. "I was shut down by a small pocket of people in a small neighborhood that isn't even going to be impacted."

She shares Kelley's theory of how it happened.

They believe the owners of other event venues in town orchestrated the rally against the wedding business in an attempt to ward away competition. Kelley received audible groans from the crowd when he said during the meeting, "a lot of this was led by people who have a facility like this."

The council was told of at least two facilities within close proximity of Altes' proposed site that host events. One is the 2A Ranch, which often holds parties that include live music, alcohol and sometimes fireworks displays.

Deborah Ringhaver, who owns the 2A ranch, rented a bus and shuttled a large crowd of people to and from the council meeting, but refuted any conflict. She said her ranch, which is also her home, fits the surrounding agricultural area since there are live animals on the property, doesn't generate revenue through events and has nothing to do with the widespread opposition to Altes' plan.

It's different, she said, because she's already an accepted part of the community and invites everyone in Rima Ridge to join events. Altes' business comes with a lot of unknowns, Ringhaver said, and will attract people from outside the area.

"This was nothing that I was doing on my own," she said. "I feel like all of us are relieved and delighted" it didn't pass. "It was something the entire community didn’t want."

Councilwoman Deb Denys said there was plenty of evidence brought forward by residents to support her decision, and there were no other factors at play.

"Listening today I have heard evidence that this application is not compatible with the community," she said. "It will alter the character of the neighborhood, and I'm comfortable with my vote to not support the application."

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